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Trial of ex-Boulder cop in Mapleton elk shooting delayed until late May

Judge agrees to reschedule after defense attorney falls ill

By Mitchell Byars, Camera Staff Writer

Posted:
01/16/2014 09:32:48 AM MST

Updated:
01/16/2014 09:23:38 PM MST

Former Boulder police Officer Sam Carter poses with the elk shot Jan. 1 on Mapleton Hill, an incident that sparked community outrage over the animal s death and two police officer s alleged role in the killing. (Courtesy Roger Koenig)

A Boulder judge has once again pushed back the trial of former Boulder police Officer Sam Carter in the shooting of a trophy elk on Mapleton Hill after one of Carter's attorneys had to be hospitalized just days before the trial was scheduled to open.

Carter is now scheduled to stand trial beginning May 27.

At a hearing today in Boulder District Court, defense attorney Marc Colin said the second attorney on the case, Carrie Slinkard, was hospitalized Tuesday with a medical issue doctors have not been able to diagnose. According to Colin, Slinkard was only released from the hospital Wednesday and was ordered by her doctors to remain at home for at least a week while they continue to run tests.

Due to the number of witnesses expected to testify in the case and the fact that Colin said he also had a medical issue over the holidays, Colin told the judge that he did not feel he could adequately represent Carter if his trial were to begin Tuesday as scheduled.

"This is not a case of lack of diligence on part of defense counsel, this was completely unexpected," Colin told Judge Patrick Butler.

Colin said the other lawyers at his firm are either working their own trials or not qualified to assist on a criminal trial.

"I explored every possible avenue to allow us to reasonably proceed to trial and represent Mr.Carter and give him a fair trial, but I see no alternative but to continue this case," Coin said. "I can't try this case by myself."

Colin said Carter -- who was not present in the courtroom for today's hearing -- was aware of the situation and had waived his right to a speedy trial.

Boulder District Attorney Stan Garnett told Butler he did not have a position on the delay.

"We would love the case go to trial next week. We were ready for trial," Garnett said. "If I felt counsel was not being honest with us and not being honest with court, I would object, but I don't think that's what is happening."

Butler granted the delay, saying Carter was not in custody and the most serious charge he was facing was a Class 4 felony. He said he also was concerned that if he forced Colin to represent Carter by himself, the result of the trial could be subject to an appeal.

"Everybody's anxious to get this case tried, and it's important to the public we get this case resolved," Butler said. "If forced, I believe Mr. Colin would do a credible job for Mr. Carter by himself. But I'm not sure that would really result in the fair administration of justice in this case."

This is the second time Carter's trial has been delayed by months. He originally was scheduled to stand trial in October, but defense attorneys asked the trial be continued because some of their witnesses would not be able to make it to Colorado.

Carter faces two counts of tampering with physical evidence, a Class 6 felony, one count of forgery, a Class 5 felony, one count of attempting to influence a public official, a Class 4 felony. He also faces misdemeanor counts of first-degree official misconduct, illegal possession of a trophy elk with a Samson Law surcharge, conspiracy to commit illegal possession of wildlife, unlawfully taking of a big game animal out of season, and unlawful use of an electronic communication device to unlawfully take wildlife.

Another former officer, Brent Curnow, took a plea deal for his role in the case. Curnow pleaded guilty to one felony count of tampering with evidence and four misdemeanor charges. He was given a two-year deferred sentence and received one year of probation and 60 days of house arrest on the remaining charges.

According to an arrest affidavit, Carter shot and killed the elk near Mapleton Avenue and Ninth Street while he was on duty Jan. 1, 2013. Curnow -- who had been scheduled to work, but called in sick that day -- then arrived in his pickup truck to haul away the carcass.

While Carter told police he shot the elk because he saw it was injured, a necropsy revealed no evidence of a prior injury to the elk. Dispatch records also show Carter did not report the shooting.

Text-messaging records showed conversations between Carter and Curnow about killing the elk almost 20 hours before the shooting.

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